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THE SUPREMO TRIBUNAL FEDERAL AND THE GUARANTEE OF THE RIGHT TO EDUCATION

ABSTRACT

This paper investigates and analyzes the role of the judicial power, specifically the Supremo Tribunal Federal (STF), concerning the judicial demands in the field of the right to education of children and adolescents in the period of 2003-2012. Through this analysis it was observed that the STF has adopted a favorable position towards the realization of the right to education, stipulating that education - including childrens education - is a fundamental social right directly liable to judicial process by the State. Notwithstanding the importance of this jurisprudential position taken by the STF, it was observed in the analysis that there is a lack of dialogue with the educational field as well as the in-depth treatment given to the subject.

KEYWORDS
right to education; judicialization of education; Supremo Tribunal Federal

ANPEd - Associação Nacional de Pós-Graduação e Pesquisa em Educação Rua Visconde de Santa Isabel, 20 - Conjunto 206-208 Vila Isabel - 20560-120, Rio de Janeiro RJ - Brasil, Tel.: (21) 2576 1447, (21) 2265 5521, Fax: (21) 3879 5511 - Rio de Janeiro - RJ - Brazil
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